Comment Re:Not about generative AI, per se (Score 1) 54
I think the mistake this judge made is inferring copying because the summaries are similar. Access plus similarity equals copying. But similarity is inevitable whenever multiple parties are summarizing the same content. The shorter the summary, the more similar it will be to other summaries (as long as they are all accurate). I don't think this is the kind of thing the Copyright Act was trying to protect against. If you call this infringement, you basically give preference to the first summarizer, which tends toward giving them a monopoly on that content.